Mother of Jeremiah Oliver banned from contacting other 2 kids

WORCESTER— A judge issued an order today prohibiting Elsa Oliver, the mother of a 5-year-old Fitchburg boy whose remains were discovered in April, from contacting her other two children.

The Worcester Superior Court order issued by Judge Richard T. Tucker was requested by Assistant District Attorney Courtney Sans, who said Ms. Oliver has been reaching out to her two children, ages 8 and 10, through the state Department of Children and Families, which has custody of the boy and girl.

Ms. Sans told Judge Tucker that Ms. Oliver, who remains in custody on charges of abusing and neglecting 5-year-old Jeremiah Oliver and his two siblings, has sent DCF colorings and drawings with biblical passages and what she described as a "graphic novel" that were apparently intended for the children.

On the back of one of the items was a telephone number and the word "Mommy," Ms. Sans told the court.

Jeremiah's remains were discovered in April in a suitcase off Interstate 190 in Sterling. The 5-year-old had been missing since September. Investigators are treating the child's death as a homicide. While no one has been charged with causing Jeremiah's death, Ms. Oliver and her boyfriend, Alberto L. Sierra, are under indictment on charges of assaulting and endangering him and his two siblings.

Ms. Sans told Judge Tucker Jeremiah's brother and sister were the only "percipient witnesses" to the alleged physical abuse and said it was inappropriate for Ms. Oliver to be trying to contact them.

"Our sole goal is to maintain the integrity of the prosecution and the safety of the children," the prosecutor said.

Ms. Oliver's lawyer, James G. Reardon Jr., objected to the requested order and said his client has a constitutional right to visitations with her children. Mr. Reardon said a Sept. 17 hearing was scheduled in Worcester Juvenile Court on a motion filed by DCF seeking to deny such visitations.

He urged Judge Tucker to allow the juvenile court to decide whether Ms. Oliver may have contact with her son and daughter. He also noted that a hearing has been scheduled In January on the possible termination of Ms. Oliver's parental rights.

"She doesn't know where the children are. She has no means of contacting them," Mr. Reardon said.

He also said he still had concerns about Ms. Oliver's competency to stand trial and told Judge Tucker a forensic psychologist hired by the defense has been conducting a psychological evaluation of her. Previously committed to the Worcester Recovery Center and Hospital, the 29-year-old Ms. Oliver is now being held on $100,000 cash bail at Framingham State Prison.

Judge Tucker ordered Ms. Oliver to have no direct or indirect contact with her children, but did so without prejudice, saying he could revisit the issue if the juvenile court granted her visitation rights.